### 36431 Federal Register / Vol. 79, No. 124 / Friday, June 27, 2014 / Rules and Regulations

G. Executive Order 13045: Protection of Children From Environmental Health Risks and Safety Risks

EPA interprets EO 13045 (62 FR 19885, April 23, 1997) as applying only to those regulatory actions that concern health or safety risks, such that the analysis required under section 5–501 of the EO has the potential to influence the regulation. This action is not subject to EO 13045 because it does not establish an environmental standard intended to mitigate health or safety risks.

H. Executive Order 13211: Actions Concerning Regulations That Significantly Affect Energy Supply, Distribution, or Use

This action is not subject to Executive Order 13211 (66 FR 28355 (May 22, 2001)), because it is not a significant regulatory action under Executive Order
12866.
I. Executive Order 12898: Federal Actions To Address Environmental Justice in Minority Populations and Low-Income Populations

Executive Order (EO) 12898 (59 FR 7629 (Feb. 16, 1994)) establishes federal executive policy on environmental justice. Its main provision directs federal agencies, to the greatest extent practicable and permitted by law, to make environmental justice part of their mission by identifying and addressing, as appropriate, disproportionately high and adverse human health or environmental effects of their programs, policies, and activities on minority populations and low-income populations in the United States.

EPA has determined that this final rule will not have disproportionately high and adverse human health or environmental effects on minority or low-income populations because it does not affect the level of protection provided to human health or the environment. J. Congressional Review Act

The Congressional Review Act, 5 U.S.C. 801 et seq., as added by the Small Business Regulatory Enforcement Fairness Act of 1996, generally provides that before a rule may take effect, the agency promulgating the rule must submit a rule report, which includes a copy of the rule, to each House of the Congress and to the Comptroller General of the United States. Section 808 allows the issuing agency to make a rule effective sooner than otherwise provided by the CRA if the agency makes a good cause finding that notice and public procedure is impracticable, unnecessary or contrary to the public interest. This determination must be supported by a brief statement. 5 U.S.C. 808(2). As stated previously, EPA has made such a good cause finding, including the reasons therefore, and established an effective date of June 27, 2014. EPA will submit a report containing this rule and other required information to the U.S. Senate, the U.S. House of Representatives, and the Comptroller General of the United States prior to publication of the rule in the Federal Register. This action is not a ‘‘major rule’’ as defined by 5 U.S.C. 804(2). List of Subjects in 40 CFR Part 300

Environmental protection, Chemicals, Hazardous materials, Hazardous substances, Intergovernmental relations, Natural resources, Oil pollution.

Dated: June 18, 2014. Gina McCarthy,
Administrator.

For the reasons set out in the preamble, 40 CFR part 300 is amended as follows:

**PART 300—NATIONAL OIL AND HAZARDOUS SUBSTANCES**  **POLLUTION CONTINGENCY PLAN**

■ 1. The authority citation for part 300 is revised to read as follows:

Authority: 33 U.S.C. 1321(c)(2); 42 U.S.C. 9601–9657; E.O. 13626, 77 FR 56749, 3 CFR, 2013 Comp., p.306; E.O. 12777, 56 FR 54757, 3 CFR, 1991 Comp., p.351; E.O. 12580, 52 FR 2923, 3 CFR, 1987 Comp., p.193.

**Subpart G—Trustees for Natural Resources** 

■ 2. Section 300.600 is revised by adding paragraph (b)(5), to read as follows:

**§ 300.600 Designation of federal trustees.**
* * * * *

(b) * * * (5) Additional trustees for the Deepwater Horizon Oil Spill. The Administrator of EPA and the Secretary of Agriculture shall act as trustees in connection with injury to, destruction of, loss of, or loss of use of natural resources, including their supporting ecosystems, resulting from the Deepwater Horizon Oil Spill.

[FR Doc. 2014–15158 Filed 6–26–14; 8:45 am]

**BILLING CODE 6550–50–P DEPARTMENT OF HEALTH AND**  **HUMAN SERVICES**

**45 CFR Part 153**
**[CMS–9954–F2]**

**RIN–0938–AR89**

**Patient Protection and Affordable Care Act; HHS Notice of Benefit and**  **Payment Parameters for 2015; Correcting Amendment** 

**AGENCY :**  Centers for Medicare & Medicaid Services (CMS), HHS.

**ACTION :**  Final rule; correcting amendment.

**SUMMARY :**  In the March 11, 2014 issue of the Federal Register (79 FR 13744), we published a final rule entitled, ‘‘Patient Protection and Affordable Care Act; HHS Notice of Benefit and Payment Parameters for 2015.’’ The effective date was May 12, 2014. This correcting amendment corrects a technical error identified in the March 11, 2014 final rule.

**DATES :**  Effective Date: This correcting amendment is effective June 26, 2014.

**FOR FURTHER INFORMATION CONTACT :**  Jeff Wu, (301) 492–4305 or Adrianne Glasgow, (410) 786–0686.

**SUPPLEMENTARY INFORMATION :**  I. Background

In FR Doc. 2014–0505 (79 FR 13744), the final rule entitled ‘‘Patient Protection and Affordable Care Act; HHS Notice of Benefit and Payment Parameters for 2015; Final Rule’’ (hereinafter referred to as the 2015 Payment Notice), there was a technical error that is identified and corrected in the regulations text of this correcting amendment. The provision of this correcting amendment is effective June 26, 2014. II. Summary of Errors in the Regulations Text

On page 13834 in the definition of ‘‘contributing entity at 45 CFR § 153.20, we inadvertently used the word ‘‘volume’’ instead of ‘‘value.’’ As detailed in the preamble of the 2015 Payment Notice (79 FR 13744, 13775), for purposes of the definition of contributing entity, ‘‘a de minimis amount means up to 5 percent, as measured by the amount of enrollment or claims processing transactions for non-pharmacy and non-excepted benefits which are outsourced, or by the value of the outsourced enrollment orclaims processing transactions for nonpharmacy and non-excepted benefits (measured by the cost of the outsourced services compared to the sum of those


### 36432 Federal Register / Vol. 79, No. 124 / Friday, June 27, 2014 / Rules and Regulations

1 See 49 U.S.C. 44940(a)(1) (enumerating specific aviation security services intended to be funded at least in part by the fee referenced herein). costs plus the fully loaded costs—that is, including an appropriate share of indirect costs, such as fixed and overhead expenses—reasonably allocated, borne by the self-insured plan for such services).’’ Accordingly, we are revising the definition to include the correct word. III. Waiver of Proposed Rulemaking and Delay in Effective Date

We ordinarily publish a notice of proposed rulemaking in the Federal Register to provide a period for public comment before the provisions of a rule take effect in accordance with section 553(b) of the Administrative Procedure Act (APA) (5 U.S.C. 553(b)). However, we can waive this notice and comment procedure if the Secretary finds, for good cause, that the notice and comment process is impracticable, unnecessary, or contrary to the public interest, and incorporates a statement of the finding and the reasons therefore in the notice.

Section 553(d) of the APA ordinarily requires a 30-day delay in the effective date of final rules after the date of their publication in the Federal Register

. This 30-day delay in effective date can be waived, however, if an agency finds for good cause that the delay is impracticable, unnecessary, or contrary to the public interest, and the agency incorporates a statement of the findings and its reasons in the rule issued.

This document merely corrects a technical error in the regulation text and does not change the policy set forth in the 2015 Payment Notice. Therefore, we believe that undertaking further notice and comment procedures to incorporate this correction and delay the effective date for this change is unnecessary. In addition, we believe it is important for the public to have the correct information as soon as possible, and believe it is contrary to the public interest to delay when they become effective. For the reasons stated previously, we find there is good cause to waive notice and comment procedures and the 30-day delay in the effective date for this correcting amendment. List of Subjects in 45 CFR Part 153

Administrative practice and procedure, Adverse selection, Health care, Health insurance, Health records, Organization and functions (Government agencies), Premium stabilization, Reporting and recordkeeping requirements, Reinsurance, Risk adjustment, Risk corridors, Risk mitigation, State and local governments. Accordingly, 45 CFR is corrected by making the following correcting amendment to part 153:

**PART 153—STANDARDS RELATED TO REINSURANCE, RISK CORRIDORS,**  **AND RISK ADJUSTMENT UNDER THE AFFORDABLE CARE ACT** 

■ 1. The authority citation for part 153 continues to read as follows:

Authority: Secs. 1311, 1321, 1341–1343, Pub. L. 111–148, 24 Stat. 119.

**§ 153.20 [Corrected]**

■ 2. In § 153.20, amend paragraph (2) of the definition of ‘‘contributing entity’’ by removing the word ‘‘volume’’ and adding in its place ‘‘value.’’

Dated: June 17, 2014. C’Reda Weeden, Executive Secretary to the Department, Department of Health and Human Services.
[FR Doc. 2014–15099 Filed 6–26–14; 8:45 am]

**BILLING CODE 4120–01–P**

**DEPARTMENT OF HEALTH AND HUMAN SERVICES** 

**Office of the Secretary**

**45 CFR Part 160**

**General Administrative Requirements**

CFR Correction

■ In Title 45 of the Code of Federal Regulations, Parts 1 to 199, revised as of October 1, 2013, on page 983, in § 160.103, a definition of Manifestation

or manifested is added in alphabetical order to read as follows:

**§ 160.103 Definitions.**
* * * * *

Manifestation or manifested means, with respect to a disease, disorder, or pathological condition, that an individual has been or could reasonably be diagnosed with the disease, disorder, or pathological condition by a health care professional with appropriate training and expertise in the field of medicine involved. For purposes of this subchapter, a disease, disorder, or pathological condition is not manifested if the diagnosis is based principally on genetic information.

* * * * * [FR Doc. 2014–15102 Filed 6–26–14; 8:45 am]

**BILLING CODE 1505–01–D DEPARTMENT OF HOMELAND**  **SECURITY**

**Transportation Security Administration**

**49 CFR Part 1510**

**[Docket No. TSA–2001–11120; Amendment No. 1510–4]** 

**RIN 1652–AA68**
**Adjustment of Passenger Civil Aviation Security Service Fee; Interim Final**  **Rule; Correction**

**AGENCY :**  Transportation Security Administration (TSA), DHS.

**ACTION :**  Interim final rule; request for comments; correction.

**SUMMARY :**  The Transportation Security Administration (TSA) is correcting an interim final rule (IFR) published in the Federal Register on June 20, 2014. This IFR implements amendments to 49 U.S.C. 44940, which authorizes TSA to impose fees to defray the government’s costs for providing civil aviation security services, such as those related to screening personnel, screening equipment, and other specified security services. 1 That document inadvertently failed to note the proper citation in a footnote in the Background section. This document corrects the interim final rule by revising this section.

**DATES :**  Effective Date: This IFR is effective at 12:00 a.m. (Eastern Daylight Time) on July 21, 2014.

Comment Date: Comments must be received by August 19, 2014.

**FOR FURTHER INFORMATION CONTACT :**  Michael Gambone, Office of Revenue, TSA–14, Transportation Security Administration, 601 South 12th Street, Arlington, VA 20598–6014; telephone (571) 227–2323; email tsa-fees@dhs.gov.

**SUPPLEMENTARY INFORMATION :**  In FR Doc. 2014–14488 appearing on page 35463 in the Federal Register of Friday, June 20, 2014, the following correction is made:

Correction

In FR Doc. 2014–14488, published on June 20, 2014 (79 FR 35461), make the following correction:

1. On page 35463, in the first column, footnote three is corrected to read as follows:

‘‘ 3 Consistent with 49 U.S.C. 40102(a)(5), ‘‘air transportation’’ means ‘‘foreign air transportation, interstate air transportation, or the transportation of mail by aircraft.’’